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Legal Services |
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We provide diversified range of services covering the following areas of legal specialisation:
· Arbitration and Alternative Dispute Resolution · Civil and Commercial Litigation · Construction and Real Estate · Investment Laws and Related Projects · Industrial and Intellectual Property · Maritime · Taxation
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Arbitration and Alternative Dispute Resolution |
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In general, the judicial system in Yemen is widely considered to be bureaucratic and under-qualified. For this reason, we encourage clients to identify areas of conflict and disputes during contract negotiation as a preventive measure. As a mechanism for dispute resolution, contracting parties nowadays tend to prefer arbitration as an alternative dispute resolution mode due to its speed and privacy. More specifically in Yemen, due to the controversial judicial system, we encourage and promote the use of specialised experts from various fields to be appointed as arbitrators due to their better appreciation of the technical aspects of disputes. We provide our clients with advice concerning the clarity of arbitration agreements, the quality and legal competence of the arbitrators appointed, the observance of all relevant procedural and mandatory laws, and issues of public policy concerning the enforceability of awards. Banking and Finance In keeping up with the steady growth and development of the banking industry in the Middle East, Al Suwaidi & Company is continuously expanding its banking law practice. Today, the firm’s lawyers have expertise in specific areas of banking law including International and Islamic Banking. With respect to commercial banking, the Firm provides professional advice and assistance to its clients in all their day-to-day legal needs as well as sophisticated lending structures and other financial transactions. Typical transactions include loan agreements, collateral contracts and debt management. The Firm also provides professional advice regarding drafting and reviewing banking documentation and the legal standing of banking claims and related litigation. In jurisdictions where Regulations do not allow the new entry of a branch of foreign banks, the Firm often advises and follows upon the establishment and licensing of representative offices of foreign banks and financial institutions. Civil and Commercial Litigation Al Suwaidi & Company is one of the few law firms in the region licensed to offer legal consultancy as well as litigation under the same roof, across all degrees of the courts and by all its branch offices in Egypt, the United Arab Emirates and Yemen. Construction and Real Estate Al Suwaidi & Company has profound experience in all legal aspects relating to construction and real estate development. The firm provides the full range of legal services required to structure and negotiate agreements with developers, architects, project managers, contractors, tenants and other parties, in addition to providing assistance in obtaining construction permits in the different jurisdictions in which it operates. The firm is particularly under growing demand in Yemen due to its ongoing infrastructure development. Corporate and Commercial In respect of Corporate and Commercial, the firm represents a number of local and international clients operating in the Middle East and provides professional advice and assistance in the following fields: · Business incorporations, setting up and licensing; · Foreign investment and free zone laws; · Corporate structuring and consolidation, shareholders, partnerships and other forms of joint venture agreements; · Agency, distributorship, franchising and licensing; · Production sharing agreements (Oil & Gas); and, · General commercial agreements, management agreements, trust arrangements and sales/support contracts. Investment Laws and Related Projects Al Suwaidi & Company assists its clients in the formation of corporations and partnerships between local and foreign partners as well as branches or representative offices. It advises on the regulatory and registration requirements of Free zones and investment zones, and handles all legal aspects of setting up the appropriate corporate structures. The Firm covers the various Free Zones in the United Arab Emirates in addition to the Yemen Investment Zone and Aden Free Zone. Professional assistance is provided to formulating the most advantageous structure for the client's domestic and international ventures, taking into consideration labour regulations, taxation issues and important economic factors. Industrial and Intellectual Property In March 1999, Yemen became a member of the World Intellectual Property Organization (WIPO) and is now revising its laws with WIPO guidance. In July 2000, Yemen's application to join the World Trade Organization (WTO) was approved as an observer. In this context, the firm offers a diversified range of IP services ranging from the enforcement of industrial and intellectual property rights such as patents, copyrights, trademarks, trade names and know-how, to the negotiation of complex industrial and intellectual property transactions. Such transactions may involve franchises, technology transfers & licensing, distribution arrangements, and joint ventures. The firm also advises clients and represents them in unfair competition matters, such as labelling, counterfeiting advertising, and criminal aspects. Al Suwaidi & Luqman offers its services in this field to many different industrial sectors including computing, software, media, advertising agencies, oil & gas, airlines, and consumer goods. The firm also represents clients in conducting trademark searches and coordinating trademark, copyright, design and patent registration programmes, in addition to copyright enforcement and related matters. Maritime Aden in the south of Yemen dominates Bab Al-Mandab which is an important strategic seaport that joins The Arabian Sea, Red Sea and Gulf of Aden with long history of sea trade. In addition, it has other important seaports such as Al-Mukalla on the Gulf of Aden, and, Hodaidah, Makha and Salif on the Red Sea. This strategic geographic location puts Al Suwaidi & Luqman under growing demand to provide professional advice in commercial contracts relating to maritime matters including shipbuilding and repair contracts, registration of vessels and the finance, sale and purchase of vessels. The Managing Partner of the firm in Yemen has particular experience in this field due to his work at the Ship Finance Department with Richards Butler International Law Firm in London. In addition, the firm advises on cargo claims, international sale of goods, agency and brokerage, as well as specialised issues of insurance and oil pollution. Oil & Gas Al Suwaidi & Company is one of the few Middle East law firms with an active oil & gas practice. Many of the Firms members have extensive oil & gas experience. The Firm's founder served as in-house Counsel and continues to represent one of the largest Middle Eastern Oil & Gas Companies (the United Arab Emirates' Federal Petroleum Corporation). In addition, the Yemen Managing Partner of the Firm served as in-house Counsel for Emirates National Oil Company in Dubai (ENOC). Taxation In recent years, the United Arab Emirates and the Republic of Yemen have signed a number of double taxation treaties with foreign countries. The firm offers tax-consulting services concerning these double taxation treaties with foreign high-tax countries. The goal of the Firm is to assist in Long-term tax planning to optimise corporate cross-border investments. The tax system in Yemen is complex compared to other Middle East jurisdictions. It is governed by two principal laws: The Income Tax Law No 31 of 1991 (as amended); and; The General Sales Tax Law No 19 for 2001 (GST). The current Income Tax Law includes corporate profits, personal income tax (salaries & wages), real estate tax, and tax on net income for non commercial and non industrial professions. The Firm provides tax consultancy services in respect of all the above tax laws, in addition to advising on social security and pensions.
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Copyright © 2008. Al Suwaidi & Luqman. All rights reserved. Information subject to change without notice. Last Updated: 25 October 2008 |